The Constitution

Declaration of Independence

• Written by Thomas Jefferson• Inspired by John Locke• D of I opens with Jefferson invoking Locke

philosophy… “Life, liberty, pursuit of happiness”

• Jefferson continues by listing grievances against George III for violating inalienable rights

• declares US independence

British Colonial Rule

Powerful British Government

Political Subunits (Colonies)

Unitary System – all power flows from one central government

Articles of Confederation

1781 – 1789 – RIP

Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

Constitution

Central US government

State governments

Federal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers)

Articles of Confederation

• 1781-1789• Original American gov’t system • Weak central gov’t• Individual and state liberties not

threatened• No executive (they hated kings)• Confederacies are usually unstable

A of C – Weaknesses

• Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control

• Unicameral Congress (one house) with one vote per state– Supermajority (9 of 13) to pass a law– Supermajority (13 of 13) to amend

• No Executive (No President), no central authority• No Federal Judiciary (No Supreme Court), no

central law• No control of TAXATION, commerce between

states or with foreign nations, money system

Shays’s Rebellion

• Colonies were in debt after the war, central gov’t tried to raise taxes

• Farmers in western Massachusetts rebelled against tax they could not afford

• Rebelled against foreclosures, forced judges out of court, freed debtors from jail

• Showed that national gov’t was weak, needed to seek a stronger national gov’t

The Constitutional Convention

• 1787• Revising the A of C• Demographics of Delegates

-55 delegates (none from RI)-33 Lawyers-half were college graduates-7 former governors-7 plantation owners-8 business leaders-age 26-81 (avg. age 42)-all male, all white

Two “Revision” Plans

• Virginia Plan– Favored large states– Strong central government– Bicameral (two house) legislature – larger

house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate)• (This would change in the 17th Amendment)

Two “Revision” Plans

• New Jersey Plan– Agreed with strong central government…BUT– Congress would be unicameral (one house)

with states having equal votes– Did not want large population states to

dominate the legislature

Great Compromise

• A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population

• An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

Three-fifths Compromise

• Agree to allow the South to count 3/5 the population in each state to balance the power of North and South

Madisonian Principles of Gov’t in the Constitution

• Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed (with safeguards!!)

• Separation of Powers – division of gov’t between branches: executive, legislative and judicial

• Checks and Balances – a system where branches have some authority over others

• Limited Government – gov’t is not all-powerful, and it does only what citizens allow

• Federalism – division of power between central government and individual states

Separation of Powers

• Prevents an all-powerful ruling body

1. Legislature – passes law (Congress)

2. Executive – enforces law (President)

3. Judiciary – interprets law (Supreme Court)

Amending the Constitution

• Meant to be difficult• Require action from national and state

governments• Has only happened 27 times, of which 10

were combined as the Bill of Rights and one (XXI) was used to repeal an earlier amendment (XVIII)

PROPOSAL

• By two-thirds vote of BOTH houses of Congress

• By a national constitutional convention called by Congress at the request of two-thirds of the state legislatures

• This method has never been used

RATIFICATION

• By legislatures in three-fourths of the states

• By conventions in three-fourths of the states

• This method was only used once (21st Amendment)

Informal Change

• Legislation from Congress– Created federal court system, the cabinet and

agencies, the Commerce Clause• Executive Actions

– War powers, executive agreements• Judicial Review

– Not specified in the Constitution– Marbury v. Madison

Informal Change

• Actions of Political Parties– POLITICAL PARTIES ARE NOT mentioned in

the Constitution – Parties have taken over the presidential

nomination process, reducing the influence of the Electoral College

• Unwritten Tradition– Senatorial Courtesy

Fed vs. Anti-Fed

• Ratification – formal approval• Federalist – in favor of adoption of US

Constitution creating a federal union and strong central government

• Anti-Federalist – opposed to ratification in 1787, opposed to strong central government

Federalist Papers

• Annoyingly hard to read• Best political theory ever written in US• Written by Alexander Hamilton, James

Madison, and John Jay• Publius• Convince public for ratification

Federalist #10

• Madison addresses biggest fear of gov’t• Faction – a group in a legislature or political

party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc)

• Unequal division of property is the “most durable source” of factions

• Founding fathers were concerned that our government would be ripped apart

• Madison defends our national Constitution

Federalist #10

• Separation of Powers check the growth of tyranny

• Each branch of government keeps the other two from gaining too much power

• A republic guards against irresponsible direct democracy or “common passions”

• Factions will always exist, but must be managed to not severe from the system.

Anti-Fed Response

• Central gov’t would threaten liberty• Aristocratic tyranny could happen• Demanded a guarantee of individual rights

and liberty• States power was too limited

Bill of Rights

• 10 amendments to the Constitution• guaranteed individual freedoms and rights• limited power of national government,

guaranteed rights to states• Ratified in 1789, Bill of Rights added 1791